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You will need to state the reason for the absence on the SET(O) form, but no evidence is required for Tier 1 G applicants unless the absence was due to serious or compelling reasons.Sarfi wrote:I would request some SENIOR member to advise, "Is REASON / JUSTIFICATION required under new rules of 13-12-2012 for an Absence of 170 Days (not exceeding 180 days) for ILR under Tier 1 General?"
The first part "absences must be for reasons connected with the applicant’s purpose for being in the UK " does not apply to Tier 1 General Migrants. So there is no need to determine or prove this.Sarfi wrote:Thanks for reply and YES, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons."
So How can we determine that absence is for reason connected with the applicant's purpose of being in the UK? If you can exemplify please.
Can you point me to the immigration rule which states this for T1 G?Sarfi wrote:new rule 13-12-2012 require Tier 1 G's absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.
According to my understanding of the rules, if you are applying as a T1G Migrant then you do need to list a reason for each absence, but do not require evidence or an employer letter confirming them unless the absence was due to serious or compelling reasons.Sarfi wrote:So do I need reason for 175 days absence or not?
Read and work your way through the Set O form (free download). That will make your situation and position clearer for you.gaboon_viper wrote:hi
any chance of my success.
please guide me.
thanks
According to my understanding of the rules, if you are applying as a T1G Migrant then you do need to list a reason for each absence, but do not require evidence or an employer letter confirming them unless the absence was due to serious or compelling reasons.cs95tdg wrote:Can you point me to the immigration rule which states this for T1 G?Sarfi wrote:new rule 13-12-2012 require Tier 1 G's absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.
Hi CS95tdg:
Thanks for your contribution; if you read relevant part (page 11 last paragraph) of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
You will see, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons" for ILR Applicant including Tier 1 General.
Now regarding list a reason for each absence; there 2 options. 1- evidence related to business or employment letter confirming them or 2- Due to serious or compelling reasons.
Now Confusion is that UKBA doesn't ask for Employer's letter from Tier 1 G directly (as T1 G can be self-empolyed or ...) and hasn't cleared this point and so T1G is left with 2nd option of Serious or Compelling reason only as Some Reason for each absence is required anyway (don't for less than 90 days even or only for >90 days). Thats what I am after to get clear. Thanks if some can share his appealing understandings of reason for an absence of 175 days. If reason required then what sort of compassionate is possible?
While its true that absences must be for reasons connected with the applicant’s purpose for being in the UK, for Tier 1 General Applicants no employer letter is required for annual leave or business related absences. All you need to do here is list the absences and give a reason against each (E.g. annual leave, business travel, etc...). It's only if you have an absence that is due to a serious or compelling reason that you need to provide a personal letter along with evidence to support it (E.g. birth or death certificate etc...). The area which isn't explained in the rules is on what happens to those Tier 1 G applicants who take holidays/time out of the UK while they are in-between jobs (I.e. not paid/unemployed). One of the forum members wrote to the UKBA to get clarity on this see the following thread for details: http://www.immigrationboards.com/viewto ... c&start=20Sarfi wrote:Hi CS95TDG,
Thanks for your contribution; if you read relevant part (page 11 last paragraph) of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
You will see, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons" for ILR Applicant including Tier 1 General.
Now regarding list a reason for each absence; there 2 options. 1- evidence related to business or employment letter confirming them or 2- Due to serious or compelling reasons.
Now Confusion is that UKBA doesn't ask for Employer's letter from Tier 1 G directly (as T1 G can be self-empolyed or ...) and hasn't cleared this point and so T1G is left with 2nd option of Serious or Compelling reason only as Some Reason for each absence is required anyway (don't for less than 90 days even or only for >90 days). Thats what I am after to get clear. Thanks if some can share his appealing understandings of reason for an absence of 175 days. If reason required then what sort of compassionate is possible?
It's not clear whether all your absences were while you were unpaid in the UK. But if they were, then reading this thread will help. It appears the UKBA are stating that any absence that was taken while unemployed in the UK would be considered a break in continuous residence. You cannot quote a serious compelling reason(s) for those absences. Even though the UKBA provided the above response, I have seen other recent success stories on this forum where the applicants were not questioned about their unpaid absences, so I would recommend you go through these to understand what case workers have requested post 13th Dec 2012 when the rule changes came into effect. I believe the key will be providing a credible reason for each of unpaid absences - if they were short in duration and you were employed soon after each and also have P60's for each of those years it would make that task easier.M2008 wrote:Got Reply from Home office
Dear Sir,
Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.
Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.
Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.
Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.
I trust this clarifies the situation.
Sarfi wrote:Hi there,
I'd a question on the new rules and wanted To see if anyone in a smilar situation applied and received the ILR.
I read the new guidelines which says "180 days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application"
I've tabulated my absences below;
To From Days Outside <180 days
Year 1 25/12/2013 24/12/2012 00 Yes
Year 2 25/12/2012 24/12/2011 00 Yes
Year 3 25/12/2011 24/12/2010 01 Yes
Year 4 25/12/2010 24/12/2009 15 Yes (01+14)
Year 5 25/12/2009 24/12/2008 331 YES/No as (65+120+146; each<180 days)
First entry on Tier 1 General 25/12/2008 for 12-days; 2nd entry 13/03/2009 for 03-days; 3rd entry on 14/07/2009 for 18-days and 4th entry on 08/01/2010 for ling stays.
My question is
<i> Will I be eligible for ILR on 25/12/2013 with the new rules?
<ii> Because my absences are less than 180 days, preceding the date of the application - do I need to have an evidence for absence being on Tier 1 general.
cheers,
Thanks; Does this fulfills "In any of the five, two, three or four consecutive 12 month periods". I think in very first 12 consecutive months; absence exceeds 180? Please advise. ThanksD4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
What I understand is that Case-worker will ensure absence <180 in any 12 months over 60 Months i.e first in 1-12, then 2-13, the 3-14, 4-15 ......... 49-60; so is splitting a misconception? as its being stated in many topics. This sounds not Good as rules says ANY 12 month in 5, 2, 3, 4 years (sounds technical; without saying one). Please comment. ThxD4109125 wrote:I assume you will split your period so that during each qualifying 12 month period, absences are restricted to <180 days.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...QQQ wrote:Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
you meant the "days out of UK are > 180 days", right? ThanksISingh2008 wrote:Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...QQQ wrote:Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
QQQ wrote:ISingh2008 wrote:Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...QQQ wrote:Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
you meant the "days out of UK are > 180 days", right? Thanks
QQQ wrote:you meant the "days out of UK are > 180 days", right? ThanksISingh2008 wrote:Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...QQQ wrote:Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.